Baliram Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48530 of 2019 Arising Out of PS. Case No.-82 Year-2019 Thana- MUFFASIL District- West Champaran ====================================================== Baliram Kumar, S/O- Late Baidyanath Prasad, R/O Village- Nurakhap, Naya Tola, P.S.- Bettiah (Muffasil), District- West Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 05-08-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah (Muffasil) P.S. Case No.82 of 2019 registered under Sections 366(A) and 504/34 of the Indian Penal Code and Section 8 of the POCSO Act.

The accusation is of kidnapping the minor daughter of the informant by this petitioner for the purpose to perform the marriage.

Learned counsel for the petitioner submits that, in fact, daughter of the informant left the house according to her own sweet will and perform the marriage with the petitioner, regarding which, daughter of the informant has given statement

Patna High Court CR. MISC. No.48530 of 2019(2) dt.05-08-2019 2/2 under Section 164 of the Cr.P.C. Further submission is that in medical examination, the age of daughter of the informant has been assessed in between 17 to 19 years.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge-I-cum-Special Judge, Bettiah, West Champaran, in connection with Bettiah (Muffasil) P.S. Case No.82 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T